Pollack v Crest Dev. Corp.
Motion No: 2014-02914
Slip Opinion No: 2014 NY Slip Op 72929(U)
Decided on May 22, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M174457

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2014-02914

Michael R. Pollack, respondent,

v Crest Dev. Corp., et al., defendants third

plaintiffs-appellants-respondents; Island's

Landscape & Stone Design, Inc., third-pa

defendant-respondent-appellant.

(Index No. 17378/11)

DECISION & ORDER ON MOTION


-party
Own
rty

Motion by Island's Own Landscape & Stone Design, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated January 6, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that Island's Own Landscape & Stone Design, Inc., perfect its appeal on or before June 21, 2014; and it is further,

ORDERED that in the event Island's Own Landscape & Stone Design, Inc., does not perfect its appeal on or before June 21, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court